Gass v. Van Wagner

Campbell, O. J.

Plaintiff replevied a horse from defendant, who had seized him on execution.- The claim appears to be that the animal was exempt. The court found a gen*611eral determination for plaintiff, and no special finding was asked or given, and it does not appear distinctly, although it is probable, that we have all the evidence. "We cannot, therefore, hold the conclusion unwarranted by the finding.1

But upon the trial defendant was not allowed to show that plaintiff had other horses. The statute provides that, when a levy is made upon property of any class or species which is exempt, the…